Collaborative Divorce is a concept filled with noble goals: to allow people to divorce in a non-destructive fashion that leads to a "win-win" result. The truth is that underneath the fancy title, this is simply another means to divorce – but it can be a much better one, in the right case.
Although many people believe that collaborative divorce "takes the place of" a divorce filed in court and handled by our Civil Justice System, the reality is that it is a technique used to navigate the same path that all divorces follow: Filing, Resolution, and Decree.
Sadly, there are some myths about Collaborative Divorce. While sometimes it is faster, cheaper, and more accessible than a “traditional” divorce, this isn’t always the case. The cost, timeframe, complexity, and more depend on your personal situation. It also does not guarantee that there will be no conflict.
Collaborative divorce in Texas focuses on a solution-oriented negotiation process. Civil litigation is adversarial by definition, which means there can be significant conflict. The key to any successful resolution is focusing on reaching common ground through compromise. Still, when two individuals enter into the process, they must agree that they are willing to accept an outcome that may fall short of their own absolute ideal solution.
The goal of a collaborative divorce settlement in Texas is to try and reduce the adversarial effects to resolve differences amicably. While a collaborative divorce in Texas still needs filing, resolution, and decree, the philosophy behind it is slightly different. Collaborative divorce attorneys look to guide decisions that account for the family's needs now and in the future while maintaining a fair division.
Divorce can be a long and tedious process. Collaborative Divorce in Texas allows the clients to maintain control over their lives to a greater degree than what will happen if they go to court. If there is still trust between you and your spouse and the two of you have children, looking at collaborative divorce attorneys may be the best solution.
Collaborative Divorce in Texas provides an extra degree of confidentiality. Divorce can be a very public event with hearings and trials open to the public. If preserving your privacy is a concern, consulting with collaborative divorce attorneys may offer a solution.
Collaborative Divorce provides an opportunity to resolve problems through open and honest discussion rather than a trial or arms-length negotiation. This can help preserve the dignity and integrity of all involved.
It takes time and energy to go through a divorce. Even if you can settle your differences without a long, drawn-out process, you may have to spend more time dealing with issues that arise along the way. An excellent collaborative divorce attorney can keep you focused and guide you when negotiations break down, or you are facing difficult decisions.
Should You Get A Collaborative Divorce?
The decision of whether to choose a Collaborative Divorce is significant. One thing that must clearly be understood is that if the collaborative process breaks down, the attorneys for each party must withdraw from the case. The question of what happens to all the work done and fees paid to that point is significant.
We feel it’s crucial that you discuss your options with an attorney who has no vested interest in the method you choose to resolve your case with. The stakes are too high to do otherwise. Consider the benefits and costs of each and compare them before deciding how to proceed with a divorce. When you are ready to find the right Texas divorce lawyer for your specific circumstances, you can use this website to get started.
An attorney that can both litigate (go to court) and collaborate can help you make the right decision. Beal Law Firm, PLLC has attorneys that are trained to handle your case wherever you choose, whether that means court or Collaborative Divorce conference room.
Here are some Beal Law Firm Resources that may help you with your Collaborative Divorce questions: